Regarding payment of bonus and other dues
Querist :
Anonymous
(Querist) 25 October 2010
This query is : Resolved
Sir, I had served with one of the Public Limited Co. for 3.5 Years. At the time of my appointment, they had put the condition in my appointment letter for three years bond period and in that too three months notice period before resignation. I had comleted three years bond period. But on getting a better opportunity, I resigned the Co. without completing three months notice period and I have not been paid my dues by the company. I need your opinion that :-
1. What the conditions in which three months notice period is applicable to an employee.
2. I was just a Stenographer.
3. I resigned from the Co. without serving three months notice period. They had already deducted Security Deposit from my salary started immediately my joinging month for one year and not yet paid to me.
4. Bonus also not yet been paid.
5. Encashment of my balance leave is also pending with them.
Can an employer insert three months notice period in a three years bond letter?
I request you to kindly advice your opinion that is there any possibility under which I can get my all dues paid to me. What legal action a company can initiate against the left over employee in such case? I shall be very thankful to you for providing me your valuable opinions and rules etc.
With regards.
Kirti Kar Tripathi
(Expert) 25 October 2010
Since your nature of job falls within the ambit of definition of workman, you may file application under Section 33-C(2) of ID Act.
they can insist for not amount under notice. for which your employer has to file civil suit/
